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To promote stable, constructive labor-management relations through the resolution and prevention of labor disputes in a manner that gives full effect to the collective-bargaining rights of employees, unions, and agencies.

10 FLRA No. 43
INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS,
LOCAL 2080, AFL-CIO-CLC
Union
and
DEPARTMENT OF THE ARMY, U.S.
CORPS OF ENGINEERS,
NASHVILLE, TENNESSEE
Agency
Case No. O-NG-391
DECISION AND ORDER ON NEGOTIABILITY ISSUES
THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE AUTHORITY
PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE). THE ISSUE PRESENTED
IS THE NEGOTIABILITY OF THE FOLLOWING THREE UNION PROPOSALS.
UNION PROPOSAL 1
ARTICLE 5.8
IN CASE OF FAILURE TO COMPLY WITH THE SCHEDULING PROVISIONS (POSTED
PAY PERIOD SCHEDULE) OR
TO PROVIDE THE REQUIRED NOTICE SET FORTH IN 5.4 AND 5.6 OF THIS
ARTICLE, THE EMPLOYEE SHALL
RECEIVE A PREMIUM PAY OF TIME PLUS ONE-HALF (1 1/2) FOR ALL HOURS
WORKED IN CONFLICT THEREOF.
UNION PROPOSAL 2
ARTICLE 6.1
OVERTIME WORK FOR WAGE BOARD EMPLOYEES SHALL BE PAID FOR AT NOT LESS
THAN TIME AND ONE-HALF
(1 1/2) OF THE EMPLOYEES' HOURLY RATE AND APPROPRIATE SHIFT
DIFFERENTIAL, EXCEPT THAT OVERTIME
ON SUNDAY AS IS HEREIN DEFINED SHALL BE AT TWO (2) TIMES THE BASE
RATE. FOR NON-SHIFT
EMPLOYEES THE CALENDAR SUNDAY SHALL BE PAID AT 2 TIMES THE BASE RATE.
FOR EMPLOYEES WORKING
ROTATING SHIFTS, THEIR FIRST NONWORKDAY IS CONSIDERED SUNDAY.
UNION PROPOSAL 3
ARTICLE 6.6
AN EMPLOYEE SHALL RECEIVE AT LEAST FOUR (4) HOURS PAY AT THE
APPLICABLE OVERTIME RATE IF
HE/SHE IS CALLED BACK TO WORK ON AN OVERTIME BASIS WITHIN HIS BASIC
WORK WEEK, OR ON ONE OF
HIS/HER SCHEDULED NON-WORK DAYS, EVEN IF HE/SHE IS NOT UTILIZED FOR
THE FULL FOUR (4) HOURS,
UNLESS HE RESIDES IN GOVERNMENT QUARTERS ON JOB SITE. OVERTIME WORK
CONTINUOUS WITH THE
STARTING OR ENDING OF A SHIFT IS NOT COVERED BY THIS SECTION.
QUESTIONS BEFORE THE AUTHORITY
THE FIRST QUESTION IS WHETHER THE PROPOSALS ARE WITHIN THE DUTY TO
BARGAIN BY VIRTUE OF THE SAVINGS CLAUSE CONTAINED IN SECTION 9(B) OF
P.L. 92-392, /1/ ENACTED ON AUGUST 19, 1972, WHICH WAS CONTINUED BY
SECTION 704 OF THE CIVIL SERVICE REFORM ACT OF 1978 (CSRA). /2/ IF NOT,
THE FURTHER QUESTIONS ARE WHETHER UNION PROPOSALS 1 AND 2 CONCERN
MATTERS "SPECIFICALLY PROVIDED FOR BY FEDERAL STATUTE" WHICH ARE
EXCLUDED FROM THE DEFINITION OF "CONDITIONS OF EMPLOYMENT" BY SECTION
7103(A)(14)(C) OF THE STATUTE; AND WHETHER UNION PROPOSAL 3 IS
INCONSISTENT WITH GOVERNMENT-WIDE RULES OR REGULATIONS (5 CFR
532.503(C)(1982)).
OPINION
CONCLUSION AND ORDER: THE SAVINGS CLAUSE CONTAINED IN SECTION 9(B)
OF P.L. 92-392, WHICH WAS CONTINUED BY SECTION 704 OF THE CSRA, IS
INAPPLICABLE TO THE UNION'S PROPOSALS IN THIS CASE. FURTHERMORE, UNION
PROPOSALS 1 AND 2 DO NOT CONCERN CONDITIONS OF EMPLOYMENT WITHIN THE
MEANING OF THE STATUTE AND UNION PROPOSAL 3 IS INCONSISTENT WITH
GOVERNMENT-WIDE REGULATIONS AT 5 CFR 532.503(C)(1982). THE UNION'S
PROPOSALS ARE, THEREFORE, NOT WITHIN THE DUTY TO BARGAIN. ACCORDINGLY,
PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5
CFR 2424.10(1982), IT IS ORDERED THAT THE UNION'S PETITION FOR REVIEW
BE, AND IT HEREBY IS, DISMISSED.
REASONS: THE UNION CLAIMS THAT THE PARTIES NEGOTIATED WAGES AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT SINCE THE INCEPTION OF THEIR
BARGAINING RELATIONSHIP, AS EVIDENCED BY THE "CALLBACK" PROVISIONS OF
ARTICLE 6.6 OF THE COLLECTIVE BARGAINING AGREEMENT. /3/ IT THEREFORE
CONTENDS THAT UNDER THE SAVINGS PROVISIONS OF SECTION 9(B) OF P.L.
92-392, AND SECTION 704 OF THE CSRA, THE DUTY TO BARGAIN EXTENDS TO THE
PROPOSALS IN DISPUTE WITHOUT REGARD TO THE COMPENSATION PROVISIONS OF
TITLE 5, UNITED STATES CODE OR REGULATIONS ISSUED PURSUANT THERETO. FOR
THE FOLLOWING REASONS, THE UNION'S POSITION CANNOT BE SUSTAINED.
THE LEGISLATIVE HISTORY OF SECTION 9(B) OF P.L. 92-392 AND SECTION
704 OF THE CSRA DEMONSTRATES THAT THOSE PROVISIONS ARE APPLICABLE ONLY
WHEN THE PARTIES NEGOTIATED WAGES AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT PRIOR TO THE EFFECTIVE DATE OF P.L. 92-392. H.R. REP. NO.
339, 92D CONG., 1ST SESS. 22(1981); REMARKS OF REPRESENTATIVE FORD, 124
CONG.REC. H8468-69 (DAILY ED. AUG. 11, 1978). REFERENCE TO A
"CALLBACK" PROVISION IN THE PARTIES' PRESENT COLLECTIVE BARGAINING
AGREEMENT DOES NOT ESTABLISH THAT THE PARTIES HAD NEGOTIATED WAGES.
FURTHER, THE UNION HAS NOT OFFERED, NOR DOES THE RECORD REVEAL, ANY
OTHER SUPPORT FOR ITS ASSERTION THAT THE PARTIES NEGOTIATED OVER WAGES
IN A MANNER WHICH WOULD RENDER SECTION 9(B) APPLICABLE. TO THE
CONTRARY, ARTICLE 8 OF THE PARTIES' AGREEMENT, WHICH CONCERNS UNION
PARTICIPATION IN WAGE SURVEYS, REFLECTS AN UNDERSTANDING THAT WAGES ARE
TO BE SET BY THE DEPARTMENT OF DEFENSE WAGE FIXING AUTHORITY. IN THIS
CONTEXT, THEN, THE "CALLBACK" PROVISION OF THE PARTIES' AGREEMENT, WHICH
REFLECTS THE SUBSTANCE OF REGULATIONS NOW CONTAINED IN 5 CFR
532.503(C)(1982), DOES NOT CONSTITUTE THE NEGOTIATION OF WAGES WITHIN
THE MEANING OF SECTION 9(B) OF P.L. 92-392 AND SECTION 704 OF THE CSRA.
ACCORDINGLY, THE UNION'S CONTENTION THAT THE DISPUTED PROPOSALS MUST BE
BARGAINED UNDER THE REFERENCED PROVISIONS OF LAW CANNOT BE SUSTAINED.
THE NEXT QUESTION PRESENTED IS WHETHER PROPOSALS 1 AND 2 CONCERN
MATTERS SPECIFICALLY PROVIDED FOR BY FEDERAL STATUTE AND, THEREFORE, ARE
EXCLUDED FROM THE DEFINITION OF "CONDITIONS OF EMPLOYMENT" BY SECTION
7103(A)(14)(C) OF THE STATUTE. /4/ BOTH PROPOSALS CONCERN RATES OF
PREMIUM PAY TO BE PAID UNDER CERTAIN CONDITIONS. HOWEVER, THE
CONDITIONS UNDER WHICH PREMIUM PAY MAY BE PAID FOR PREVAILING RATE
EMPLOYEES IS SPECIFICALLY PROVIDED FOR BY FEDERAL STATUTE, 5 U.S.C.
5544. /5/
ACCORDINGLY, PROPOSALS 1 AND 2 ARE EXPRESSLY EXCLUDED BY SECTION
7103(A)(14)(C) FROM THE DEFINITION OF "CONDITIONS OF EMPLOYMENT" AND,
THEREFORE, ARE NOT WITHIN THE DUTY TO BARGAIN. AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO, COUNCIL OF FEDERAL GRAIN INSPECTION
LOCALS AND UNITED STATES DEPARTMENT OF AGRICULTURE, FEDERAL GRAIN
INSPECTION SERVICE, WASHINGTON, D.C., 3 FLRA 529(1980), ENFORCED SUB
NOM. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, COUNCIL OF
FEDERAL GRAIN INSPECTION LOCALS V. FEDERAL LABOR RELATIONS AUTHORITY,
653 F.2D 669 (D.C. CIR. 1981).
THE FINAL QUESTION PRESENTED IS WHETHER PROPOSAL 3 IS INCONSISTENT
WITH THE PROVISIONS OF 5 CFR 532.503(C)(1982) GOVERNING CALLBACK
OVERTIME FOR THE WAGE GRADE EMPLOYEES COVERED UNDER THE INSTANT
PROPOSAL. /6/ THAT PROVISION STATES THAT IN CERTAIN CIRCUMSTANCES,
CALLBACK OVERTIME WORK PERFORMED BY AN EMPLOYEE SHALL BE CONSIDERED TO
BE AT LEAST TWO HOURS IN DURATION FOR THE PURPOSE OF OVERTIME PAY,
REGARDLESS OF WHETHER THE EMPLOYEE PERFORMS WORK FOR THOSE TWO HOURS.
THIS PROVISION PARALLELS THE STATUTORY PROVISION OF 5 U.S.C. 5542(B)(1)
/7/ WHICH AUTHORIZES CALLBACK OVERTIME PAY FOR GENERAL SCHEDULE
EMPLOYEES. ABSENT THAT AUTHORITY, WHICH CREATES AN EXCEPTION TO THE
GENERAL RULE THAT OVERTIME PAYMENTS CAN BE MADE ONLY FOR THE ACTUAL TIME
DUTY IS PERFORMED, A TWO HOUR MINIMUM PAYMENT FOR CALLBACK OVERTIME
COULD NOT BE MADE. /8/ THUS, THE PROVISIONS OF 5 U.S.C. 5542(B)(1) AND
5 CFR 532.503(C) SET THE MAXIMUM TIME OF TWO HOURS THAT A GENERAL
SCHEDULE OR WAGE GRADE EMPLOYEE MAY BE PAID CALLBACK OVERTIME IN THE
ABSENCE OF THE PERFORMANCE OF WORK. /9/ SINCE PROPOSAL 3 WOULD
ESTABLISH 4 HOURS AS THE MINIMUM AMOUNT OF CALLBACK OVERTIME, THE
PROPOSAL IS CLEARLY INCONSISTENT WITH 5 CFR 532.503(C).
HAVING DETERMINED THAT PROPOSAL 3 IS INCONSISTENT WITH 5 CFR
532.503(C), THE QUESTION THEN BECOMES WHETHER THAT PROVISION IS A
GOVERNMENT-WIDE RULE OR REGULATION WITHIN THE MEANING OF SECTION 7117(A)
OF THE STATUTE. THE PROVISION AT ISSUE HEREIN IS CODIFIED AT TITLE 5 OF
THE CODE OF FEDERAL REGULATIONS BY THE OFFICE OF PERSONNEL MANAGEMENT
(OPM). BY ITS TERMS, THE REGULATION APPLIES TO PREVAILING RATE
EMPLOYEES AND AGENCIES COVERED BY SECTION 5342 OF TITLE 5, U.S. CODE,
/10/ AND PROVIDES COMMON POLICIES, SYSTEMS, AND PRACTICES FOR UNIFORM
APPLICATION BY ALL AGENCIES SUBJECT TO THAT STATUTE IN FIXING PAY FOR
PREVAILING RATE EMPLOYEES IN MOST SEGMENTS OF THE EXECUTIVE BRANCH OF
THE FEDERAL GOVERNMENT. /11/
THEREFORE, 5 CFR 532.503(C) IS A GOVERNMENT-WIDE RULE OR REGULATION
WITHIN THE MEANING OF SECTION 7117(A)(1) OF THE STATUTE. NATIONAL
TREASURY EMPLOYEES UNION, CHAPTER 6 AND INTERNAL REVENUE SERVICE, NEW
ORLEANS DISTRICT, 3 FLRA 748, 754(1980). SINCE, AS PREVIOUSLY
DETERMINED, PROPOSAL 3 IS INCONSISTENT WITH THAT REGULATION, PROPOSAL 3
IS, FOR THAT REASON, OUTSIDE THE DUTY TO BARGAIN.
ISSUED, WASHINGTON, D.C., SEPTEMBER 30, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ SECTION 9(B) OF P.L. 92-392 PROVIDES:
SEC. 9.
. . . .
(B) THE AMENDMENTS MADE BY THIS ACT SHALL NOT BE CONSTRUED TO--
(1) ABROGATE, MODIFY, OR OTHERWISE AFFECT IN ANY WAY THE PROVISIONS
OF ANY CONTRACT IN
EFFECT ON THE DATE OF ENACTMENT OF THIS ACT PERTAINING TO THE WAGES,
THE TERMS AND CONDITIONS
OF EMPLOYMENT, AND OTHER EMPLOYMENT BENEFITS, OR ANY OF THE FOREGOING
MATTERS, FOR GOVERNMENT
PREVAILING RATE EMPLOYEES AND RESULTING FROM NEGOTIATIONS BETWEEN
GOVERNMENT AGENCIES AND
ORGANIZATIONS OF GOVERNMENT EMPLOYEES;
(2) NULLIFY, CURTAIL, OR OTHERWISE IMPAIR IN ANY WAY THE RIGHT OF ANY
PARTY TO SUCH
CONTRACT TO ENTER INTO NEGOTIATIONS AFTER THE DATE OF ENACTMENT OF
THIS ACT FOR THE RENEWAL,
EXTENSION, MODIFICATION, OR IMPROVEMENT OF THE PROVISIONS OF SUCH
CONTRACT OR FOR THE
REPLACEMENT OF SUCH CONTRACT WITH A NEW CONTRACT; OR
(3) NULLIFY, CHANGE, OR OTHERWISE AFFECT IN ANY WAY AFTER SUCH DATE
OF ENACTMENT ANY
AGREEMENT, ARRANGEMENT, OR UNDERSTANDING IN EFFECT ON SUCH DATE WITH
RESPECT TO THE VARIOUS
ITEMS OF SUBJECT MATTER OF THE NEGOTIATIONS ON WHICH ANY SUCH
CONTRACT IN EFFECT ON SUCH DATE
IS BASED OR PREVENT THE INCLUSION OF SUCH ITEMS OF SUBJECT MATTER IN
CONNECTION WITH THE
RENEGOTIATION OF ANY SUCH CONTRACT, OR THE REPLACEMENT OF SUCH
CONTRACT WITH A NEW CONTRACT,
AFTER SUCH DATE.
/2/ SECTION 704 OF THE CSRA PROVIDES:
SEC. 704. (A) THOSE TERMS AND CONDITIONS OF EMPLOYMENT AND OTHER
EMPLOYMENT BENEFITS WITH
RESPECT TO GOVERNMENT PREVAILING RATE EMPLOYEES TO WHOM SECTION 9(B)
OF PUBLIC LAW 92-392
APPLIES WHICH WERE THE SUBJECT OF NEGOTIATION IN ACCORDANCE WITH
PREVAILING RATES AND
PRACTICES PRIOR TO AUGUST 19, 1972, SHALL BE NEGOTIATED ON AND AFTER
THE DATE OF THE ENACTMENT
OF THIS ACT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 9(B) OF
PUBLIC LAW 92-392 WITHOUT
REGARD TO ANY PROVISIONS OF CHAPTER 71 OF TITLE 5, UNITED STATES CODE
(AS AMENDED BY THIS
TITLE), TO THE EXTENT THAT ANY SUCH PROVISION IS INCONSISTENT WITH
THIS PARAGRAPH.
(B) THE PAY AND PAY PRACTICES RELATING TO EMPLOYEES REFERRED TO IN
PARAGRAPH (1) OF THIS
SUBSECTION SHALL BE NEGOTIATED IN ACCORDANCE WITH PREVAILING RATES
AND PAY PRACTICES WITHOUT
REGARD TO ANY PROVISION OF--
(A) CHAPTER 71 OF TITLE 5, UNITED STATES CODE (AS AMENDED BY THIS
TITLE), TO THE EXTENT
THAT ANY SUCH PROVISION IS INCONSISTENT WITH THIS PARAGRAPH;
(B) SUBCHAPTER IV OF CHAPTER 53 AND SUBCHAPTER V OF CHAPTER 55 OF
TITLE 5, UNITED STATES
CODE; OR
(C) ANY RULE, REGULATION, DECISION, OR ORDER RELATING TO RATES OF PAY
OR PAY PRACTICES
UNDER SUBCHAPTER IV OF CHAPTER 53 OR SUBCHAPTER V OF CHAPTER 55 OF
TITLE 5, UNITED STATES
CODE.
/3/ ARTICLE 6.6
AN EMPLOYEE SHALL RECEIVE AT LEAST TWO (2) HOURS PAY AT THE
APPLICABLE OVERTIME RATE IF HE
IS CALLED BACK TO WORK ON AN OVERTIME BASIS WITHIN HIS BASIC WORK
WEEK, OR ON ONE OF HIS
SCHEDULED NON-WORKDAYS, EVEN IF HE IS NOT UTILIZED FOR THE FULL TWO
(2) HOURS, UNLESS HE
RESIDES IN GOVERNMENT QUARTERS ON SITE. OVERTIME WORK CONTINUOUS
WITH THE STARTING OR ENDING
OF A SHIFT IS NOT COVERED BY THIS SECTION.
/4/ SECTION 7103(A)(14)(C) PROVIDES AS FOLLOWS:
SEC. 7103. DEFINITIONS; APPLICATION
(A) FOR THE PURPOSE OF THIS CHAPTER--
. . . .
(14) "CONDITIONS OF EMPLOYMENT" MEANS PERSONNEL POLICIES, PRACTICES,
AND MATTERS, WHETHER
ESTABLISHED BY RULE, REGULATION, OR OTHERWISE, AFFECTING WORKING
CONDITIONS, EXCEPT THAT SUCH
TERM DOES NOT INCLUDE POLICIES, PRACTICES, AND MATTERS--
. . . .
(C) TO THE EXTENT SUCH MATTERS ARE SPECIFICALLY PROVIDED FOR BY
FEDERAL STATUTE(.)
/5/ 5 U.S.C. 5544 PROVIDES, IN PERTINENT PART:
SEC. 5544. WAGE-BOARD OVERTIME AND SUNDAY RATES; COMPUTATION
(A) AN EMPLOYEE WHOSE PAY IS FIXED AND ADJUSTED FROM TIME TO TIME IN
ACCORDANCE WITH
PREVAILING RATES UNDER SECTION 5343 OR 5349 OF THIS TITLE, OR BY A
WAGE BOARD OR SIMILAR
ADMINISTRATIVE AUTHORITY SERVING THE SAME PURPOSE, IS ENTITLED TO
OVERTIME PAY FOR OVERTIME
WORK IN EXCESS OF 8 HOURS A DAY OR 40 HOURS A WEEK. HOWEVER, AN
EMPLOYEE SUBJECT TO THIS
SUBSECTION WHO REGULARLY IS REQUIRED TO REMAIN AT OR WITHIN THE
CONFINES OF HIS POST OF DUTY
IN EXCESS OF 8 HOURS A DAY IN A STANDBY OR ON-CALL STATUS IS ENTITLED
TO OVERTIME PAY ONLY FOR
HOURS OF DUTY, EXCLUSIVE OF EATING AND SLEEPING TIME, IN EXCESS OF 40
A WEEK. THE OVERTIME
HOURLY RATE OF PAY IS COMPUTED AS FOLLOWS:
(1) IF THE BASIC RATE OF PAY OF THE EMPLOYEE IS FIXED ON A BASIS
OTHER THAN AN ANNUAL OR
MONTHLY BASIS, MULTIPLY THE BASIC HOURLY RATE OF PAY BY NOT LESS THAN
ONE AND ONE-HALF.
(2) IF THE BASIC RATE OF PAY OF THE EMPLOYEE IS FIXED ON AN ANNUAL
BASIS, DIVIDE THE BASIC
ANNUAL RATE OF PAY BY 2,080, AND MULTIPLY THE QUOTIENT BY ONE AND
ONE-HALF.
(3) IF THE BASIC RATE OF PAY OF THE EMPLOYEE IS FIXED ON A MONTHLY
BASIS, MULTIPLY THE
BASIC MONTHLY RATE OF PAY BY 12 TO DERIVE A BASIC ANNUAL RATE OF PAY,
DIVIDE THE BASIC ANNUAL
RATE OF PAY BY 2,080, AND MULTIPLY THE QUOTIENT BY ONE AND ONE-HALF.
AN EMPLOYEE SUBJECT TO THIS SUBSECTION WHOSE REGULAR WORK SCHEDULE
INCLUDES AN 8-HOUR
PERIOD OF SERVICE A PART OF WHICH IS ON SUNDAY IS ENTITLED TO
ADDITIONAL PAY AT THE RATE OF 25
PERCENT OF HIS HOURLY RATE OF BASIC PAY FOR EACH HOUR OF WORK
PERFORMED DURING THAT 8-HOUR
PERIOD OF SERVICE . . . .
/6/ 5 CFR 532.503(C) PROVIDES:
SEC. 532.503 OVERTIME PAY.
. . . .
(C) CALLBACK OVERTIME WORK. IRREGULAR OR OCCASIONAL OVERTIME WORK
PERFORMED BY AN EMPLOYEE
ON A DAY WHEN WORK WAS NOT REGULARLY SCHEDULED FOR THE EMPLOYEE OR
FOR WHICH THE EMPLOYEE HAS
BEEN REQUIRED TO RETURN TO THE PLACE OF EMPLOYMENT SHALL BE
CONSIDERED TO BE AT LEAST TWO
HOURS IN DURATION FOR THE PURPOSE OF OVERTIME PAY, REGARDLESS OF
WHETHER THE EMPLOYEE PERFORMS
WORK FOR TWO HOURS.
/7/ 5 U.S.C. 5542(B)(1) PROVIDES:
SEC. 5542. OVERTIME RATES; COMPUTATION
. . . .
(B) FOR THE PURPOSE OF THIS SUBCHAPTER--
(1) UNSCHEDULED OVERTIME WORK PERFORMED BY AN EMPLOYEE ON A DAY WHEN
WORK WAS NOT SCHEDULED
FOR HIM, OR FOR WHICH HE IS REQUIRED TO RETURN TO HIS PLACE OF
EMPLOYMENT, IS DEEMED AT LEAST
2 HOURS IN DURATION(.)
/8/ ACCORD, UNPUBLISHED DECISION OF THE COMPTROLLER GENERAL B-175452,
MAY 1, 1972.
/9/ ACCORD, ID. SEE ALSO UNPUBLISHED DECISION OF THE COMPTROLLER
GENERAL B-189163, OCTOBER 11, 1977.
/10/ 5 CFR 532.103(1982).
/11/ 5 CFR 532.101(1982).